(1)Where—
(a)a person has at any time been convicted of an offence under section 42 of the Armed Forces Act 2006, and
(b)the corresponding offence under the law of England and Wales (within the meaning given by that section) was a class A drug trafficking offence or a domestic burglary,
the relevant section of this Chapter shall have effect as if he had at that time been convicted in England and Wales of that corresponding offence.
[F2(1A)Where—
(a)a person has at any time been found guilty of a member State service offence committed after the relevant date, and
(b)the corresponding UK offence was a class A drug trafficking offence or a domestic burglary,
the relevant section of this Chapter and subsection (1) above shall have effect as if the person had at that time been convicted in England and Wales of that corresponding UK offence.
(1B)For the purposes of subsection (1A)—
(a)“member State service offence” means an offence which—
(i)was the subject of proceedings under the service law of a member State other than the United Kingdom, and
(ii)at the time it was done would have constituted an offence under the law of any part of the United Kingdom, or an offence under section 42 of the Armed Forces Act 2006, if it had been done in any part of the United Kingdom by a member of Her Majesty's forces (“the corresponding UK offence”);
(b)“relevant date” means—
(i)where the corresponding UK offence was a class A drug trafficking offence, the relevant date referred to in section 110(2A)(b), and
(ii)where the corresponding UK offence was a domestic burglary, the relevant date referred to in section 111(2A)(b)(ii);
(c)“Her Majesty's forces” has the same meaning as in the Armed Forces Act 2006;
(d)“service law”, in relation to a member State other than the United Kingdom, means the law governing all or any of the naval, military or air forces of that State.]
(2)Subsection (3) of section 113 applies for the purposes of this section as it applies for the purposes of that section.
(3)Section 48 of the Armed Forces Act 2006 (attempts, conspiracy, [F3encouragement and assistance] and aiding and abetting outside England and Wales) applies for the purposes of this section as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to this section.]
[F4(4)Where—
(a)the corresponding UK offence is an offence under section 42 of the Armed Forces Act 2006 by reason of section 43, 45, 46 or 47 of that Act (attempting, conspiring to commit, inciting, aiding, abetting, counselling or procuring criminal conduct); and
(b)the act to which it relates (“the contemplated act”) is not an act that is (or that if done would have been) punishable by the law of England and Wales;
for the purposes of subsections (1A) and (1B) it must be assumed that the contemplated act amounted to the offence under the law of England and Wales that it would have amounted to if it had been the equivalent act in England or Wales.]
Textual Amendments
F1S. 114 substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 166; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F2S. 114(1A)(1B) inserted (15.8.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 17 para. 10(5)(a) (with s. 180, Sch. 22 para. 41); S.I. 2010/1858, art. 3(d)(iv)
F3Words in s. 114(3) substituted (1.10.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 5 para. 3 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)
F4S. 114(4) inserted (15.8.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 17 para. 10(5)(b) (with s. 180, Sch. 22 para. 41); S.I. 2010/1858, art. 3(d)(iv)
Modifications etc. (not altering text)
C1S. 114(1) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 1(3), Sch. 1 para. 45(3)